ESBD_400715_1741278081363_1_Part A 304T-25-300CF.2 Cafeteria Food.pdf

9.2-2024 Solicitation No. 304T-25-300CF.2 Page A1

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

STATEWIDE PROCUREMENT DIVISION

INVITATION FOR BIDS

Cafeteria Food Products

IFB No. 304T-25-300CF.2

NIGP CLASS-ITEMS

393-82 393-35 393-86

SCHEDULE OF EVENTS

ESBD Posting Date 3/6/2025 Questions Submission Deadline Date 3/14/2025 Response to Questions through Addendum Date, or as soon thereafter as practical 3/20/2025

RESPONSE DUE DATE 4/1/2025

RESPONSE DUE TIME 1:30 pm Central Time in Austin TX

**NOTE** This Solicitation is composed of two parts: (1) Part A: Special Instructions, (including attachments and appendices, if any) and (2) Part B: General Instructions and Contract Terms and Conditions (including attachments and appendices, if any). In the event an instruction or term in Part A conflicts with an instruction or term in Part B, the instruction or term in Part A prevails, and any addenda or amendments to either Part A or Part B control over the original versions.

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SUBMISSION CHECKLIST

COMMUNICATIONS WITH ANYONE OTHER THAN THE POINT OF CONTACT LISTED

IN SECTION A.11.4 MAY RESULT IN DISQUALIFICATION OF A RESPONSE.

CPA will disqualify any response received without the required documentation identified below.

ATTACHMENT A - EXECUTION OF RESPONSE

MANDATORY PRICE SHEET

CPA may disqualify any response received without the required documentation and samples identified below.

IDENTIFICATION OF CLAIMED CONFIDENTIAL/PROPRIETARY INFORMATION, if any

ATTACHMENT B - RESPONDENT INFORMATION

ATTACHMENT C - PREFERENCES

ATTACHMENT D - INSURANCE STATEMENT OF INTENT

ATTACHMENT E – SELF INSURED RENTENTION CERTIFICATION AND REQUEST FOR

APPROVAL (only if the Respondent intends to use SIR) IDENTIFICATION OF ALL EXCEPTIONS AND ASSUMPTIONS to terms of this Solicitation or Contract, if any

CONFLICT OF INTEREST DISCLOSURE, if applicable – Reference Part B.1.1.

MANUFACTURER’S PRICE LIST

DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

SAMPLES

SIGNED COPIES OF ALL ADDENDA to this Solicitation, if any

REFERENCE SECTION A.16 AND SECTION A.17 FOR SUBMISSION REQUIREMENTS

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PART A: SPECIAL INSTRUCTIONS

Table of Contents

A.1 DEFINITIONS

A.2 DESCRIPTION

A.3 TERM OF THE CONTRACT

A.4 PRICING

A.4.1 TEXAS SMARTBUY ONLINE ORDERING SYSTEM

A.4.2 PRICING STRUCTURE – FIRM PRICE WITH ESCALATION

A.5 PRICE ADJUSTMENTS

A.5.1 PRICE DECREASES OR DISCOUNT INCREASES

A.5.2 PRICE ADJUSTMENT CALCULATION

A.5.3 PRICE ADJUSTMENT REQUESTS

A.5.4 TARIFFS

A.6 INSURANCE

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 REFERENCED BRAND EXAMPLE

A.7.2 SPECIFICATIONS

A.7.3 SAMPLE SUBMISSION REQUIREMENTS – PRIOR TO AWARD

A.7.4 SAMPLING PROCESS

A.7.5 SAMPLE TESTING – POST AWARD

A.7.6 CONDITION OF PRODUCTS

A.7.7 QUANTITIES

A.7.8 WARRANTY/GUARANTEE

A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 IDENTIFICATION OF SHIPMENTS AND DOCUMENTATION

A.8.2 PACKAGING AND LABELING

A.8.3 SPECIAL DELIVERY REQUIREMENTS

A.8.4 PALLET DELIVERIES

A.8.5 HOURS OF DELIVERY

A.8.6 DELIVERY SCHEDULE

A.8.7 DELIVERY DELAYS

A.8.8 COMPLIANT PRODUCTS

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 CUSTOMER PURCHASE ORDERS

A.10.2 ONLINE ORDERING

A.10.3 INVOICES AND EXPEDITED PAYMENT DISCOUNTS

A.10.4 STATEWIDE CONTRACT DEVELOPMENT REPORTING

A.11 RESPONSE INFORMATION

A.11.1 SCHEDULE OF EVENTS

A.11.2 SOLICITATION ADDENDA

A.11.3 QUESTIONS AND ANSWERS

A.11.4 POINTS OF CONTACT

A.11.5 DOCUMENTS AND ATTACHMENTS INCLUDED WITH THIS SOLICITATION

A.12 HUB SUBCONTRACTING PLAN

A.13 DISCLOSURE OF INTERESTED PARTIES

A.14 EVALUATION OF RESPONSE

A.14.1 RESPONSIVENESS

A.14.2 RISK OF NON-PERFORMANCE

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A.14.3 BEST VALUE

A.14.4 TIES

A.15 AWARDS

A.15.1 AWARD APPROACH

A.15.2 NON-AWARD

A.15.3 AWARD NOTICE

A.15.4 SUBSTITUTIONS

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 CONFIDENTIAL/PROPRIETARY INFORMATION

A.16.2 ATTACHMENT A – EXECUTION OF RESPONSE

A.16.3 ATTACHMENT B – RESPONDENT INFORMATION

A.16.4 ATTACHMENT C – PREFERENCES

A.16.5 ATTACHMENT D – INSURANCE STATEMENT OF INTENT

A.16.6 ATTACHMENT E – SELF INSURED RETENTION CERTIFICATION AND REQUEST FOR APPROVAL

A.16.7 MANDATORY PRICE SHEET

A.16.8 NEGOTIATIONS, ASSUMPTIONS, AND EXCEPTIONS

A.16.9 MANUFACTURER’S PRICE LIST

A.16.10 DESCRIPTIVE LITERATURE FOR PRODUCTS OFFERED

A.16.11 SIGNED ADDENDA TO SOLICITATION

A.17 SUBMITTING THE RESPONSE TO CPA

A.17.1 ELECTRONIC SUBMISSION (PREFERRED)

A.17.2 HARD COPY SUBMISSION

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A.1 DEFINITIONS

In this Contract, the following terms and acronyms have the meaning set forth below.

TERM DEFINITION

ARO After Receipt of Order, for the purposes of this Solicitation and any resulting Contract regards the number of delivery days after receipt of order.

Contract Any Contract resulting from this Solicitation, consisting of the Contract documentation as provided in Section B.3.2.

Contractor Any Respondent awarded a Contract based on this Solicitation.

CPA The Texas Comptroller of Public Accounts, the state agency issuing this Solicitation.

Customer State of Texas agencies, institutions of higher education, and cooperative purchasing members, including CPA, that are required or permitted by law to purchase goods and services under contracts established by CPA.

ESBD The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

FDA Food and Drug Administration

FOB

Destination

The seller retains the risk of loss until the goods reach the buyer, and the seller bears all shipping costs.

Party or Parties Either CPA or Respondent, separately or collectively.

Respondent Any person or company that submits a Response to this Solicitation.

Response A bid or proposal submitted to CPA in response to this Solicitation.

Solicitation This document, along with all other documents incorporated in this document and posted to the ESBD, soliciting responses for the proposed commodities and services.

USDA United States Department of Agriculture

A.2 DESCRIPTION

The Statewide Procurement Division (SPD), a division of CPA, requests sealed responses for Cafeteria Food Products.

A major Customer for this item is the Texas Department of Criminal Justice (TDCJ).

A.3 TERM OF THE CONTRACT

The initial term of this Contract commences on the effective date set out in a Notice of Award issued by CPA and automatically expires on August 31, 2026.

Renewal Option:

September 1, 2026, up to one (1) additional year

CPA may unilaterally renew the Contract.

A.4 PRICING

A.4.1 Texas SmartBuy Online Ordering System

CPA’s Texas SmartBuy online ordering system connects Customers with Contractors via an online store. Texas SmartBuy lets Customers search products, compare prices, and place orders.

http://www.txsmartbuy.com/esbd

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The operation of the Texas SmartBuy system requires Statewide Procurement Division (SPD) to publish all pricing information online, including discounts and other variables. By submitting a Response, Respondent agrees that the pricing and related information in the Response is not confidential or proprietary. Respondent consents to the publication of Respondent’s pricing and related information on Texas SmartBuy.

CPA will charge the Contractor a 1.5% Texas SmartBuy administrative fee. Respondent must consider this fee when developing pricing for its Response. The fee is calculated on the price of goods or services purchased under this Contract. By submitting pricing and discounts, Respondent certifies that it has factored in the Texas SmartBuy administrative fee. Invoices for the Texas SmartBuy administrative fee are issued on the first day of the month following the delivery date of the good or service. Invoices are e-mailed to the address provided by the Contractor. Payment of the invoice is due 30 days from the invoice date and is not contingent on any Customer’s payment to the Contractor. If the outstanding liability is not paid in a timely manner, the Contractor’s items may be removed from the TxSmartBuy system which will prevent the placement of orders. If non-payment reaches 90 days, the Contractor may be placed on warrant hold.

A.4.2 Pricing Structure – Firm Price with Escalation

Response prices must be firm, all-inclusive, fixed prices. Contract pricing may only change in accordance with the Price Adjustments provision of the Contract, provided however, that if a Contractor offers or provides a lower price to any customer for the same goods or services, under the same terms and conditions provided for CPA and its Customers, the Contractor must provide the same lower price under the Contract.

Unit prices must include all Contract requirements. Shipping shall be FOB Destination; therefore, unit prices must include delivery to the TDCJ locations identified below (all shipping, handling, and delivery fees and fuel surcharges).

Area Number TDCJ Delivery Address

TDCJ Wynne Food Service Warehouse Wynne Unit FM 2821 @ Highway 75 North Huntsville, TX 77340

TDCJ Region IV Dist. Center-Chase Field Beeville Unit 930 Ofstie Street Bldg. 2030, 5 miles East on Highway 202 Beeville, TX 78102-8986

TDCJ Snyder Distribution Center Snyder Unit 2100 N. King Highway Snyder, TX 79549

TDCJ Southern Region Distribution Center 2800 F.M. 655 Rosharon, TX 77583

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A.5 PRICE ADJUSTMENTS

A.5.1 Price Decreases or Discount Increases

Contractor shall immediately implement any price decrease or discount increase that becomes available. Contractor shall notify CPA of price decreases or discount increases by email to:

spd.cmo@cpa.texas.gov

A.5.2 Price Adjustment Calculation

This Contract provides for price increases only in connection with increases in manufacturer list pricing. To be eligible for a contractual price increase on any item, Respondent must submit an acceptable manufacturer’s price list that includes the item. The list must be current as of the submission date of the bid and price increase request. The list must be in a form recognized in the applicable industry; a price list prepared for purposes of this Solicitation is not acceptable. The list must include an effective date or other verification that it is current. CPA must be able to verify the list using an external or third-party source, such as reviewing the manufacturer’s website or corresponding with the manufacturer’s representative. CPA may reject a price list in its sole discretion. CPA may disqualify any Response that does not include a manufacturer’s price list.

If the Respondent is unable to provide an acceptable manufacturer’s price list, Respondent may request CPA to consider an appliable PPI or other documentation of its cost to perform the Contract, such as quotes or invoices. CPA may consider cost documentation that in its sole discretion is acceptable.

Acceptable cost documentation must at a minimum be (1) clearly related to Contract performance, (2) verifiable by an external or third-party source, (3) certified as complete and accurate by the Respondent, under penalty of perjury, and (4) include the proportion or amount of the respective cost (i.e., fuel is 15% of the total cost or fuel cost is $30.00 of the total cost). CPA may reject cost documentation in its sole discretion.

For a price adjustment request, the Contractor will calculate the maximum allowable Contract price using the following formula:

Maximum Allowable Contract Price = (Original Price ÷ Original Mfg. Price) x New Mfg. Price, where:

(1) “Original Price” is the price at which the item was initially awarded to the Contractor;

(2) “Original Mfg. Price” is the price reflected on the manufacturer’s price list submitted with the response or alternate cost documentation accepted by CPA in accordance with Section A.5.2 above;

(3) “New Mfg. Price” is the price reflected in the manufacturer’s price documentation or alternate cost documentation submitted by Contractor in support of its price adjustment request that CPA in its sole discretion determines is acceptable.

Ineligibility for Price Increases. If Respondent fails to provide an acceptable manufacturer’s price list, applicable PPI, or acceptable alternate cost documentation related to a particular item, CPA may award a Contract at a firm, fixed price for those items. Respondent will not be eligible for any price increases for the duration of the Contract, including all renewal and extension periods.

mailto:spd.cmo@cpa.texas.gov

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A.5.3 Price Adjustment Requests

Proposed pricing must remain firm for six months after the bid opening date. After the initial term of the contract, price adjustments may be requested based upon changes in an approved manufacturer’s price list. Any request that does not include an approved manufacturer’s price list or alternate cost documentation will not be considered. As stated above, if no manufacturer’s price list or alternate cost documentation was accepted by CPA before Contract award, price increases are not permitted under normal conditions.

CPA may accept, reject, or negotiate price adjustments. The Contractor will receive written notification from Statewide Contract Management (SCM) documenting action taken, including effective dates, when appropriate.

If a complete, properly submitted price increase request is rejected, the Contractor may request to cancel the Contract for those items covered by the request. CPA may approve or reject item cancellation requests. CPA will specify the effective date of item cancellation in its written notice of approval. Purchase orders dated prior and up to the effective date of approval or cancellation, as applicable, must be honored at the Contract price in effect when issued.

Price adjustment requests and cancellation requests under this section should be sent by email to:

spd.cmo@cpa.texas.gov

A.5.4 Tariffs

The parties may agree to adjust prices periodically to reflect changes in tariffs implemented after the Response Due Date that affect the cost of supplying goods under this Contract. Any existing tariffs at the time of the response should be considered as part of the response price. To request a price increase related to tariffs, Contractor must provide documentation that includes the effective date, amount, and scope of the tariffs. Contractor must demonstrate with specificity the effect of tariffs on its necessary and reasonable cost of supplying goods under this Contract, including its commercial reasons for using a source subject to tariffs. Any adjustment is at CPA’s sole discretion. If CPA grants an adjustment related to tariffs, Contractor shall monitor tariff levels and notify CPA within five business days of any reduction or repeal. CPA may reduce or retract a tariff adjustment it has granted at any time by notifying the Contractor of the new prices.

A.6 INSURANCE

The Response must include a statement that Respondent intends to obtain and maintain for the term of the Contract and any renewal periods the minimum insurance coverage specified in the table below.

The Response should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its Response. If Respondent’s normal and customary insurance coverage exceeds the minimum required amounts in this Solicitation, the Contract will require those normal and customary types and amounts of coverage. Proof of insurance may be provided in the form of current certificates of insurance.

Respondent may propose alternate insurance amounts or coverages in the form of an exception. See Section A.16.8. If CPA rejects the exception, the Respondent shall obtain the minimum coverage listed.

Any subcontractor performing work under this Contract must meet the same minimum insurance requirements. Contractor shall ensure its subcontractors’ compliance with all requirements.

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All required insurance policies must be issued from a company or companies with a Financial Strength Rating of “A-” or better and a Financial Size Category of VIII or larger from AM Best. CPA may consider other sources of information and reserves the right to determine whether an insurer is acceptable in its sole discretion.

All insurance policies must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to CPA. Except as specified below, all of the Contractor’s insurance policies must:

(1) be written on a primary and non-contributory basis;

(2) name the state of Texas as a certificate holder on all certificates of insurance;

Minimum Required Amounts of Insurance Coverage Type of Insurance Each Occurrence/Aggregate

Commercial General Liability (Occurrence based) Required types of coverage: Blanket, Broad Form Property Damage, Premises and Operations Hazards, Products and Completed Operations Hazards, Independent Contractor’s, and Contractual Liability

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability

Automobile Liability All Owned, Hired and Non-Owned Vehicles (Required if the Contractor owns vehicles or uses vehicles to perform the Contract)

$500,000 Combined Single Limit (for each accident)

Workers’ Compensation (Required if the Contractor has one or more employees)

Statutory Limits

Employer’s Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Umbrella or Excess Liability

$1,000,000 of additional coverage (either Umbrella or Excess Liability) for all liability policies required for this Contract (excluding Workers’ Compensation insurance)

Additional Insurance

Additional insurance and related provisions may be required by Customer depending on Customer’s particular circumstances. Customer will identify any additional insurance requirements when placing a purchase order

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(3) name the state of Texas, its officers and employees as additional insureds on all policies other than workers’ compensation and professional liability; and

(4) include a waiver of subrogation in favor of the state of Texas, its officers and employees for bodily injury (including death), property damage or any other loss arising from this Contract or any purchase order.

Contractor shall submit current certificates of insurance to CPA within five business days of receiving a request from CPA. In its sole discretion, CPA may allow Contractor to satisfy insurance requirements with coverage of a third-party providing goods or services under the Contract, such as products liability coverage provided by a manufacturer, that will provide comparable protection to CPA and Customers. However, the Contractor shall maintain at least $1,000,000 of commercial general liability coverage for itself.

The Contractor must provide proof of coverage. Notices shall be sent to the contact listed in Section A.11.4, Points of Contact. Failure to submit acceptable proof of insurance may result in termination.

Contractor shall maintain the required insurance throughout the Contract.

Contractor must disclose on its insurance certificate whether any of the coverage required under the Contract is being satisfied with a Self-Insured Retention (SIR) and list the amount of the SIR. CPA may, in its sole discretion, accept or reject any SIR in excess of $100,000, and Contractor shall provide any documentation requested by SPD. Respondent must complete and return Attachment E - Self Insured Retention Certification and Request for Approval before SIR can be evaluated.

Contractor shall:

(1) provide written documentation to Statewide Contract Management (SCM) by email at spd.cmo@cpa.texas.gov at least 30 calendar days prior to any cancellation, non-renewal, or material change of a required policy;

(2) ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under the Contract; and

(3) deliver proof of all renewal policies prior to any expiration of a required policy to SCM by email at spd.cmo@cpa.texas.gov. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include such Contractor’s obligations under the Contract.

A.7 REQUIREMENTS AND SPECIFICATIONS

A.7.1 Referenced Brand Example

Catalogs, brand names, or manufacturer’s references are descriptive only and indicate type and quality desired. Responses on brands of like nature and quality will be considered. If proposing other than the referenced brand and model number, Response must include manufacturer, brand, or trade name, product number and provide complete descriptive information of product offered.

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A.7.2 Specifications

Line 1: Syrup, Maple, Light, Individual Portion Packets – SAMPLE REQUIRED

1. Type: Syrup, table, single serving (for pancakes, waffles, etc.)

a. Sugar or Sugar free acceptable

b. Flavor: Artificial maple

c. Calories per packet:

i. Minimum: 5 calories per packet

ii. Maximum: 50 calories per packet

2. Packaging:

a. Individual Portion Packets

b. Plastic Pouch, Plastic Cup, or Tri Pack are acceptable

c. Packet Size: 1 ounce

3. Case Count: 100 packets

4. Unit of Measure (UOM): Case

5. Estimated Quantities per Area:

a. Area 1: 19000 cases

b. Area 2: 4800 cases

c. Area 3: 7500 cases

d. Area 5: 4500 cases

Line 2: Cereal, O Shape, Whole-Grain, Ready to Eat Bowl – SAMPLE REQUIRED

1. Type: Oat Product, Cereal

a. Whole Grain (minimum of 51% whole grain ingredients)

b. Shape of an “O”

c. Acceptable Flavors:

i. Plain or

ii. Honey flavored or

iii. Honey Nut or

iv. Apple Cinnamon

d. Enriched to provide nine essential vitamins and minerals.

2. Packaging:

a. 1 ounce per bowl

b. Individual ready to eat bowls

3. Case Count: 96 bowls

4. Unit of Measure (UOM): Case

5. Estimated Quantities per Area:

a. Area 1: 7228 cases

b. Area 2: 1952 cases

c. Area 3: 2664 cases

d. Area 5: 1596 cases

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Line 3: Tomato Paste, Canned – SAMPLE REQUIRED

1. Type: Tomato paste– puree not acceptable

2. Grade: USDA Grade A

3. Packaging:

a. No. 10 can

b. Minimum 106 ounces per can

c. USDA grade certificate and stamping on all visible cases required

4. Case Count: 6 cans

5. Unit of Measure (UOM): Case

6. Estimated Quantities per Area:

a. Area 1: 23608 cases

b. Area 2: 6604 cases

c. Area 3: 8983 cases

Line 4: Tomato Paste, Pouched– SAMPLE REQUIRED

1. Type: Tomato paste– puree not acceptable

2. Grade: USDA Grade A

3. Packaging:

a. Pouch contents must be equivalent to No. 10 can

b. Average 106 ounces per pouch

c. USDA grade certificate and stamping on all visible cases required

d. Six pouches per case. Cases must be strong enough to stack three high with no damage

4. Case Count: 6 pouches

5. Unit of Measure (UOM): Case

6. Estimated Quantities per Area:

a. Area 1: 23608 cases

b. Area 3: 8983 cases

Reference the Mandatory Price Sheet for line items. Reference Section A.4.2 Pricing Structure – Firm Price with Escalation for delivery Area and address information.

Respondent must comply with all applicable laws, codes, rules, regulations, and any licensing requirement necessary for the proper performance of the Contract. Products shall comply with all applicable USDA and FDA rules and regulations. USDA grade certificate and stamping must be visible on all cases to verify compliance with requirements above.

The specifications are based on USDA-published Commercial Item Descriptions. Products submitted in the Response must meet all requirements and specifications.

Respondent must enter all requested information on the Mandatory Price Sheet, including: price per unit of measure, delivery days after receipt of order (ARO), manufacturer/brand name(s), product number(s), quantity per case, and initial order delivery days (ARO). The information entered in the Mandatory Price Sheet will be part of Respondent’s bid. CPA reserves the right to request clarifications of all information other than price per unit of measure and delivery days. Respondent must take any exceptions to the specifications and requirements by complying with Section A.16.8.

Respondents may bid multiple brands for a single line item. If an item has a different bid price, Respondent shall submit a separate Mandatory Price Sheet for each product. Product literature and a manufacturer’s price list must also be submitted for each product.

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Respondents are encouraged to bid multiple brands for a single line item with the same price to avoid delays that can result from substitution requests. Reference Section A.15.4 for substitution requests.

A.7.3 Sample Submission Requirements – Prior To Award

CPA may request samples prior to award for evaluation purposes. If requested, Respondent must submit samples within 30 calendar days of receipt of the request. Failure to submit samples is cause for disqualification. CPA will provide submission instructions for samples in its request. Samples that do not conform to the specifications will disqualify the Response. Samples will not be returned to the Respondent. All costs of providing samples will be borne by the Respondent.

Respondent shall submit the required samples for all line items of this solicitation to the address provided at the time of sample request.

Samples must be exactly as described in the Response (e.g., samples must be the of same brand and from the same manufacturer, and delivered in the package and case sizes, stated in the submitted Mandatory Price Sheet). Failure to submit a sample that conforms with the information stated in the Response will disqualify the Response for the corresponding line item.

A.7.4 Sampling Process

Samples will be recorded in a sample log by TDCJ, which will include the Respondent’s name, manufacturer, and product number. Each sample will be documented with an identifier such as A, B, C to maintain the anonymity of each Respondent and manufacturer.

(1) If multiple samples are received for the same brand of an item, the Customer will randomly select a single sample for testing. Results will be applied to all Respondents that submitted that brand.

(2) The sampling process is a blind test and panelists will be unaware of product brand.

(3) Samples will be prepared per product instructions (mixing, etc.) provided, evaluated and taste tested by panelists that have been given specific rules of conduct as well as requirements for marking samples as “Acceptable” or “Not Acceptable.”

(4) The majority of the panelists must rate the sample as “Acceptable” for the item to remain in consideration for award.

A.7.5 Sample Testing – Post Award

The Customer may perform sample testing. This sample may be pulled from each shipment or lot. The sample must conform to the item specification of this Solicitation. If a sample does not conform to the specifications, Customer may reject the shipment or lot and return or dispose of it at the Contractor’s expense. Reference Section A.8.8 – Compliant Products.

A.7.6 Condition of Products

Proposed and delivered products must be new, unused, the latest model in current production, and in first class condition, including containers suitable for shipment and storage, unless otherwise specified in the solicitation. Used, shopworn, demonstrator, prototype, remanufactured, reconditioned, or discontinued models are not acceptable.

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A.7.7 Quantities

CPA does not guarantee a specific volume to be purchased throughout the term of the Contract. No minimum compensation to the Contractor is guaranteed. Quantities indicated for each item in the Mandatory Price Sheet are estimates only and are based upon previous usage for a three-year period, if available, along with other data. These estimates should not be construed as a minimum or a maximum quantity that Customers may order.

Minimum Order Quantity per Line Item:

(1) Line-item descriptions on the Mandatory Price Sheet contain the minimum order per purchase order and delivery Area referenced in Section A.4.2.

(2) Contractor must contact TDCJ prior to shipment and obtain approval to deliver quantity other than the quantity shown on the purchase order.

(3) TDCJ will not order less than the minimum amounts with exception of the final delivery.

However, Contractor may allow quantities smaller than the minimum order quantity if requested by TDCJ.

A.7.8 Warranty/Guarantee

(1) Warranty/Guarantee The warranty period will begin on the date of the Customer’s acceptance of each product. Each product is to be warranted against defects (including spoilage) for the term of the contract.

(2) Replacement

a. Contractor shall replace defective products during the initial Contract term and any exercised renewals.

b. Contractor guarantees replacement of expired or spoiled products or products that spoil before the expiration date.

c. The replacements must be processed and received by the Customer within two weeks of written notice of the defects to the Contractor.

d. Contractor will provide replacements free of charge, including any shipping necessary to return the product when necessary.

e. In lieu of replacement, Contractor will refund the full purchase price of the product, upon customer request.

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A.8 SHIPPING, DELIVERY, AND PACKAGING

A.8.1 Identification of Shipments and Documentation

In addition to the complete destination address, each delivery must be clearly marked with the purchase order number. Each shipment must be accompanied by a packing slip.

The packing slip must include, at a minimum, the following:

(1) Agency purchase order or requisition number

(2) Contractor name

(3) Item description

(4) Quantity ordered

(5) Quantity shipped

(6) Shipment date

A.8.2 Packaging and Labeling

All items shipped must be properly labeled, with weather resistant labeling, showing the brand name, package quantity, lot number (if applicable) and any other necessary identifying information.

A.8.3 Special Delivery Requirements

Customers may have specific, internal delivery rules and policies. These will be provided on each purchase order issued by the Customer. Contractor shall adhere to those requirements.

Security: When making deliveries to correctional facilities, Contractor’s compliance with TDCJ security procedures is required. This includes deliveries to all TDCJ units and warehouses, or any other TDCJ owned, leased, or contracted premises. Specific requirements include, but are not limited to:

(1) All Contractor staff or contracted delivery service making deliveries within a correctional facility, and those areas where inmates are assigned, will be required to have a security escort throughout their delivery.

(2) All delivery staff are required to follow the direction of security staff. Delivery staff shall not interact with inmates. Furthermore, Contractor staff shall adhere to the provisions found in personal directive PD-29, “sexual misconduct with inmates”, which is located on the TDCJ website at https://www.tdcj.texas.gov/divisions/hr/hr-policy/pd-29.pdf. The Contractor shall notify each of the Contractor’s staff accessing TDCJ’s premises of the provisions within this directive, prior to any delivery.

(3) All delivery staff and vehicles are subject to be search and inspected while on TDCJ property.

(4) All vehicles will be locked and secured when not in use. Drivers are always required to keep keys in their direct possession.

(5) Contractor staff or contracted delivery service must have in their possession a valid driver’s license or current photo identification.

https://www.tdcj.texas.gov/divisions/hr/hr-policy/pd-29.pdf

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(6) Delivery staff is required to leave all cellular phones and pagers locked in driver’s vehicle.

(7) Delivery staff shall not introduce any type of contraband onto any TDCJ facility. Examples of contraband include, but are not limited to firearms, knives, weapons of any type, tobacco of any type, alcohol, controlled substances (illegal drugs), pets, cash, pagers, and cellular phones.

(8) Minors and pets are prohibited at TDCJ and shall not be in the delivery vehicle.

(9) Only the vehicle operator (driver) will be allowed entry into the prison compound.

(10) Delivery employee’s attire must be appropriate or compatible with the current business environment.

(11) Generally, ex-inmates shall not be allowed inside the fenced perimeter of a facility to make deliveries unless approved by the Unit Warden. The Warden may not allow ex-inmates access to a unit or facility, whether inside or outside the fenced perimeter, if the Warden believes the person may jeopardize the safety and orderly operation of the unit or facility, pose a danger to inmates or employees, or place an undue logistical burden on staff.

(12) TDCJ reserves the right to immediately remove or refuse entry to any individual who has violated the above restrictions. The Unit Warden or facility administrator will ultimately be responsible for interpreting these rules.

A.8.4 Pallet Deliveries

For orders where large quantities are required, product shall be delivered on pallets as follows:

(1) Standard non-throwaway, non-returnable

(2) Required pallet size:

(3) Width: 40 inches

(4) Length: 48 inches

(5) 4-Way entry

(6) No double runners in center of the pallet

(7) Pallets will not be exchanged

(8) Products shrink-wrapped to prevent shifting

A.8.5 Hours of Delivery

Unless Contractor obtains prior approval by the Customer, Contractor may not deliver outside Customer’s hours of operation. Contractor may obtain Customer’s hours of operation at time of order.

Contractor may not charge extra for off-hours delivery.

A.8.6 Delivery Schedule

In the space indicated on the Mandatory Price Sheet, enter the number of days required for delivery after receipt of order (ARO) under normal conditions. Delivery days are measured in calendar days, unless otherwise specified. Failure to state delivery time may disqualify the Response.

NOTE: See Section A.4 Pricing regarding FOB shipping.

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A.8.7 Delivery Delays

If delivery delay is foreseen, Contractor must give prompt written notice to Customer and continuously update Customer of the delivery status. Time is of the essence in performance of this Contract. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.8.8 Compliant Products

Providing noncompliant goods or services does not constitute delivery. Delivery does not occur until the Contractor delivers goods or services in full compliance with the Contract to the Customer’s address specified on the purchase order, unless delivery is specifically accepted, in whole or in part, by the Customer. Customer will notify the Contractor of the delivery of noncompliant goods. If Contractor fails to remove the goods from Customer’s property within ten working days, or within a time frame agreed upon by Customer and Contractor, Customer may dispose of them at its discretion and at Contractor’s expense. CPA and the Customer may exercise contractual remedies in connection with late delivery.

A.9 RETURN, CANCELLATION, AND RESTOCKING FEE

Customer may request that Contractor accept return of delivered goods, or that Contractor cancel an order prior to delivery. If Contractor does not agree to Customer’s request, Customer and Contractor must attempt to resolve the matter. If Customer and Contractor do not reach a resolution, Customer or Contractor may contact the CPA Contract Manager. CPA may order Contractor to accept a return or cancel an order. Contractor may request a reasonable fee for restocking compliant goods it has shipped. Customer shall pay a restocking charge of no more than 10% of the cost of the goods if CPA and Customer both determine that the charge is justifiable. Contractor shall not charge any fee for an order cancelled prior to shipment.

A.10 PURCHASE ORDERS, INVOICES AND REPORTING

A.10.1 Customer Purchase Orders

Only purchase orders issued through the approved CPA purchasing system, Texas SmartBuy, are eligible for Contract pricing.

A Purchase Order Change Notice (POCN) is required to be processed to make any changes to the original Texas SmartBuy purchase order and must be issued through the Texas SmartBuy online system.

Purchase orders dated during the term of the Contract must be honored, even if received by the Contractor after the Contract expiration date. Contractor may not specify a "final order" receipt date.

Pricing is established by the date the purchase order is placed.

A.10.2 Online Ordering

CPA’s Texas SmartBuy online ordering system permits Customers to order from the Contract. Texas SmartBuy will email purchase orders to the Contractor and Customer. Contractor shall acknowledge receipt of each purchase order to the Customer’s email address listed on the purchase order.

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Respondents must provide one email address for the receipt of purchase orders on Attachment B, Respondent Information. Multiple email addresses are not allowed; therefore, Respondents are encouraged to provide an email address which can be accessed by multiple staff.

More information about Texas SmartBuy is available at: http://www.txsmartbuy.com/ and Help Guides can be accessed at: https://www.txsmartbuy.com/systemguides

Online ordering enables CPA to identify and track the commodities/services purchased. Currently, CPA uses the National Institute of Governmental Purchasing, Inc. (NIGP) Commodity/Services Codes.

Contractor may be required to provide an electronic image of the awarded products in a format specified by CPA that can be uploaded to Texas SmartBuy.

A.10.3 Invoices and Expedited Payment Discounts

Reference Part B, General Instructions and Contract Terms and Conditions, Section B.5.3, Invoicing and Payment Requirements.

Payment terms for the State of Texas are typically 30 days. Respondents may provide their additional discount extended to each invoice on Attachment B – Respondent Information.

Contractor must submit an itemized invoice to Customer reflecting the CPA Contract number and Customer purchase order number.

A.10.4 Statewide Contract Development Reporting

Contractor shall provide any information requested by CPA to develop future solicitations and facilitate the transition to potential future contractors in a format acceptable to the CPA within 14 calendar days of the request.

A.11 RESPONSE INFORMATION

A.11.1 Schedule of Events

Respondent must submit its Response to CPA before the due date and time indicated on the cover page. CPA may revise this schedule by issuing an addendum on the ESBD.

A.11.2 Solicitation Addenda

CPA will post any addendum to this solicitation on the ESBD. Respondents are responsible for checking the ESBD for addenda prior to submitting a Response. Respondent’s failure to check the ESBD does not release it from the requirements of any addenda nor permit it to modify or withdraw its Response after Response opening.

Respondent must acknowledge each Solicitation addendum by returning a signed copy of the addendum with its Response.

http://www.txsmartbuy.com/ https://www.txsmartbuy.com/systemguides

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A.11.3 Questions and Answers

Respondents must send all questions regarding this Solicitation to the CPA Points of Contact identified in Section A.11.4 by the due date in the Schedule of Events on the cover page. Respondents must reference the relevant Solicitation page and section number in each question. CPA’s responses to questions will be posted to the ESBD.

Respondents must notify CPA of any error or ambiguity in the Solicitation by submitting a question. If Respondent fails to notify CPA of an error or ambiguity, Respondent (1) waives any claim for money, time, or other relief based on that error or omission, and (2) agrees to accept any reasonable interpretation of the allegedly erroneous or ambiguous provisions by CPA.

All questions submitted to CPA should include the identity of the sender, the sender’s title, company name, telephone number, and email address, as applicable.

Only answers that CPA provides in writing are official. Information in any form other than the materials constituting this Solicitation, the Question-and-Answer Document, and any Solicitation addendum is not binding on CPA.

Minor questions for which the answer will not affect the interpretation of the Solicitation or change the contents of a Response (for example, a question regarding delivery of a sealed Response) may be answered orally or by email by CPA.

A.11.4 Points of Contact

Respondents must direct all communications concerning this Solicitation to the Points of Contact listed below. Respondents may not contact other CPA or agency personnel or any Customer regarding this Solicitation, unless instructed to do so in writing by the CPA Point of Contact. Communicating with anyone other than the Points of Contact may result in disqualification of a Response.

Responses may not be submitted to the CPA Points of Contact. Follow the instructions for Response submission in Sections A.16 and A.17.

Primary Point of Contact - CPA Contract Specialist Cecilia Dominguez, CTCD, CTCM 512-475-5608 Email: cecilia.dominguez@cpa.texas.gov

Secondary Point of Contact Statewide Contract Development (SCD) Email: spd.contractdev@cpa.texas.gov

If no response is received from the primary point of contact within one business day, Respondent may contact SCD at the email address listed above.

After Contract award, all communications relating to the Contract must be submitted to Statewide Contract Management at spd.cmo@cpa.texas.gov.

mailto:cecilia.dominguez@cpa.texas.gov mailto:spd.contractdev@cpa.texas.gov

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A.11.5 Documents and Attachments Included with this Solicitation

The Solicitation package includes the following documents:

1. Part A: Special Instructions (this document)

2. Part B: General Instructions and Contract Terms and Conditions

3. Attachment A – Execution of Response (with authorized signature)

Attachment B – Respondent Information Attachment C – Preferences Attachment D – Insurance Statement of Intent Attachment E – Self Insured Retention (only if using SIR)

5. Mandatory Price Sheet in both .xml and .xlsx format (.xml is preferred)

A.12 HUB SUBCONTRACTING PLAN

CPA has reviewed this solicitation and determined there are no probable subcontracting opportunities.

Therefore, a HUB Subcontracting Plan (HSP) is not required for this solicitation unless a Respondent will use subcontractors. If a Respondent will subcontract any portion of this Contract, the Respondent must submit a completed HSP located at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php, with its Response.

A.13 DISCLOSURE OF INTERESTED PARTIES

If CPA determines that Texas Government Code § 2252.908 may apply to a Contract award, CPA will instruct the Respondent to disclose interested parties to the Texas Ethics Commission (TEC) and CPA.

A Respondent subject to this requirement must (1) complete TEC Form 1295, Certificate of Interested Parties at https://ethics.state.tx.us/filinginfo/1295/ (2) submit the form online to TEC, (3) print the completed form that includes the Certificate Number automatically assigned by TEC, and (4) submit the form, signed by its authorized agency, by email to CPA.

If a Respondent does not timely submit a completed and signed TEC Form 1295 to CPA, CPA is prohibited by law from executing a contract, even if the potential awardee is otherwise eligible for award. CPA may award the contract to another vendor. CPA may seek appropriate damages for Respondent’s failure to comply with this requirement.

A.14 EVALUATION OF RESPONSE

A.14.1 Responsiveness

CPA may waive minor or immaterial requirements in the submission process. CPA will disqualify any Response that does not conform to the solicitation requirements in any material respect as nonresponsive. For example, failure to sign the Execution of Response (Attachment A), failure to submit the Mandatory Price Sheet, or failure to return a required HUB subcontracting plan, will result in disqualification.

https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fcomptroller.texas.gov%2Fpurchasing%2Fvendor%2Fhub%2Fforms.php&data=02%7C01%7C%7C23cca4c0388b4d3dc43108d62fb470c8%7C2055feba299d4d0daa5a73b8b42fef08%7C0%7C0%7C636748849367763372&sdata=1W%2BS%2BvP6a01dQHgFV9YBwPv87%2B%2B%2Bs3AyHsIOuKiV618%3D&reserved=0 https://ethics.state.tx.us/filinginfo/1295/

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A.14.2 Risk of Non-performance

CPA may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

(1) ability, capacity, and skill to perform the contract or provide the service required;

(2) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;

(3) character, responsibility, and integrity;

(4) current compliance with laws relating to the contract or service;

(5) sufficient financial resources to perform the contract and provide the service; and

(6) conformity to all material specifications required in this Solicitation.

CPA may consider any source of information that it deems reliable.

Vendor Performance Data. CPA will consider a vendor’s past performance in compliance with applicable provisions of Texas Government Code, §§ 2155.074, 2155.075, 2156.007, 2157.003, and

2157.125. The following examples indicate poor performance:

(1) A score of less than a C in the Vendor Performance Tracking System;

(2) Currently under a corrective action plan for a CPA contract;

(3) Repeated negative Vendor Performance Reports for the same stated reason;

(4) A record of repeated non-responsiveness to vendor performance issues; and

(5) Cancellation of purchase orders in the previous 12 months for non-performance, such as late delivery.

Vendor performance information is located on the CPA web site at:

http://www.txsmartbuy.com/vpts

Vendor Performance may also be used to determine a vendor has sufficient resources and the ability to perform.

Investigations. CPA may examine sources of information including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts, media reports, press releases, internet searches, or third-party databases. CPA may request additional information from the Respondent. Failure to provide requested information may disqualify the Respondent. Any such investigations shall be at the sole discretion of CPA.

A.14.3 Best Value

CPA will determine best value for the state as directed by Texas Government Code § 2155.074. CPA will consider compliance with specifications, purchase price, and risk of vendor non-performance as described in A.14.2 above.

A.14.4 Ties

CPA may break a tie by applying preferences under state law that were claimed in the Response. If no preference applies, CPA may award tied items to a randomly selected Respondent that offers best value.

http://www.txsmartbuy.com/vpts

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A.15 AWARDS

A.15.1 Award Approach

CPA intends to make an award to the vendor providing the best value to the state for each line item.

This may result in awarding different line items to different vendors.

The price evaluation for all line items will be the lowest price per comparable unit of product.

In accordance with Texas Administrative Code §20.231, CPA has determined that awards to multiple Respondents for each line item may be in the best interest of the State. If multiple Contracts are awarded, each Customer will select a Contractor based on best value for a particular purchase order.

A.15.2 Non-award

CPA may reject all Responses at its discretion. Submission of Responses confers no legal rights upon any Respondent.

A.15.3 Award Notice

If the Solicitation is awarded, CPA will issue a Notice of Award to the successful Respondents. The Notice of Award will be transmitted via email to the Authorized Respondent Representative.

A.15.4 Substitutions

The Contractor shall not substitute a contract item or brand without prior written approval from Statewide Contract Management.

A.16 ORGANIZATION OF THE RESPONSE FOR SUBMISSION

A.16.1 Confidential/Proprietary Information

If any material in the Response is confidential or proprietary, Respondent must clearly mark those pages as “confidential” in bold type. Additionally, Respondent must include a statement on company letterhead identifying all Response sections and specific pages that have been marked as confidential and explain why the information is excepted from public disclosure under the provisions of the Texas Public Information Act. Respondent must also provide a redacted copy of any Response document marked confidential or proprietary. A blanket claim that the entire Response is protected from disclosure because it contains some proprietary information is not sufficient and may make the entire Response subject to release under the Act. Any information not clearly identified as confidential may be disclosed.

See also Section B.2.4 of Part B of this Solicitation for additional terms and conditions related to the Public Information Act.

A.16.2 Attachment A – Execution of Response

Respondent must complete, sign, and submit the Execution of Response – Attachment A. Failure to complete, sign, and submit this form will disqualify the Response.

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A.16.3 Attachment B – Respondent Information

Respondent must provide all requested information on Attachment B and submit the form with Response.

A.16.4 Attachment C – Preferences

Respondents should review this attachment and complete it. CPA will apply preferences as required by law.

A.16.5 Attachment D – Insurance Statement of Intent

Each Response must include the Insurance Statement of Intent relating to insurance coverage required in Section A.6.

A.16.6 Attachment E – Self Insured Retention Certification and Request for Approval

If the Respondent has elected for Self Insured Retention on any required insurance coverage (reference Part A, Section A.6), the Respondent should complete and return Attachment E - Self Insured Retention Certification and Request for Approval with its response.

A.16.7 Mandatory Price Sheet

Respondent must complete the Mandatory Price Sheet and return with Response in the format requested. CPA will disqualify Responses received without the Mandatory Price Sheet.

Respondent should not manipulate or modify the price sheet, other than by entering the requested information in the provided…